Missouri AG Opinions, 1935

Franchise taxes and railroad taxes not included in amount of taxes assessed and levied for purpose of determining commission of collector. Merchant’s ad valorem tax is included.

Newspaper of “free circulation” not eligible to receive notices of publication.

Entitled to fee of 75 cents for summoning petit jury for regular term of Circuit Court.

Fee for committing a person to jail.

County Superintendents – Traveling expenses and clerical hire. $3 per teacher limit repealed. 25% maximum applies only to travel expenses, Sec. 167.150; 167.190; 167.230; and 167.270 after July 1, 1965 see 179.190.

Howard County controversy.

No county officer should become a surety on the official bond of another county officer.

There is no legal duty on child to support parents under clause in Section 6 of Act “has no child or other person responsible under the law of this state and found by the state board or by the county board able to support him”.

Oath of office for Local Registrar of Vital Statistics.

Certain requisites in form and substance on annual financial statement and certain requisites in fund accounting.

Constable of Audrain County not entitled to fee for attending Justice Court.

Members of Board of Aldermen in cities of Fourth Class.

1. A newspaper, in order to publish the financial statement of a county, must be qualified under Section 13775 Laws 1931, page 103, and the question as to whether or not the newspaper possesses the qualifications, is one of fact.; 2. County Budget Act. The county court may pay a sum in excess of the amount estimated in the budget out of the funds of Class 5, provided it does not jeopardize the priorities of the four prior classes, or the same may be paid from the funds of class 6.

All persons engaged in retail business of intoxicating liquor required to take out a county license. County may enforce collection of license fee by an action at law.

Bond and stock brokers required to pay license fee under Section 14044, R.S. Mo. 1929.

What constitutes practice of law without a license and for a valuable consideration under Sections 11692 and 11693 R. S. Mo. 1929?

Power of City of fourth class to prohibit possession of, within city limits.

Sec. 12999, R.S. 1929 in using words “gross receipts” means receipts from all sources in connection with any boxing, sparring or wrestling exhibition.

Procedure for collection of delinquent city real estate taxes in cities of the third class.

Five questions in regard to school elections answered.

Names of candidates may be printed on ballot or ballot left blank and same written in, but voters cannot write candidates name on blank ticket, separate from regular ticket.

Fee that recorder of deeds may charge for marriage license – $1.00, and if he takes an affidavit from a person he may only charge 25 cents for taking of such.

Right to manufacture and sell certain articles to State and political subdivisions thereof.

A person who has not taught or supervised schools as his chief work at least two of the eight years next preceding his election, or has not spent the two years next preceding his election as a regular student in a state teachers’ college or university cannot qualify as County Superintendent of Schools.

Senate Bill 94 not applicable to collection of levee district assessments.

County is not legally liable for salary of county health officer not legally appointed and County Clerk is personally liable for certification of illegal expenditure to health officer.

Examination fees paid by applicants for admission to bar are entirely under the jurisdiction of the Supreme Court and do not come within Section 1 of Laws of Missouri, 1933, (page 415).

Opinion Letter to Mr. R.E. O’Malley

Sections 12165 and 12166 Laws of Mo. 1933 became effective 90 days after approval by Governor and compensation of County Clerk since that time, if appointed to prepare a financial statement of the county, is not to exceed 10 cents per 100 words and figures.

Budget for County Extension Agent’s office refused in final make up by county court and later desired to be allowed may be taken care of by transferring surplus in any class to succeeding class until it eventually get to Class 5 and paid therefrom.

Ex County Clerk is responsible to State of Mo. for loss of funds derived by sale of fishing and hunting licenses held by drug store proprietor when store was burglarized.

Under section 10481 R. S. Mo. 1929, the amounts as set forth may be expended by all candidates in the primary and a successful candidate may then expend the same amount in the general election.

Applicability to boarding house keepers.

Entitled to such compensation as county court deems advisable not exceeding ½ of 1% on all school moneys disbursed by him.

(1) Amount of bond to be fixed by County Court by method set out in statute – Section 12187, R. S. 1929.; (2) Depository agreement submitted, not approved.

(1) Information.; (2) Sell intoxicating liquor without a license.; (3) Proof that a retailer has no license.; (4) Principal’s liability to act of agent.

Not entitled to salary during time of suspension.

Legislature may provide maximum municipal tax for liquor license.

Sentence to Boonville is not a bar to commitment to intermediate reformatory.

Officers of the United States having money in their hands to which certain individuals are entitled are not liable to the creditors of those individuals in the process of garnishment.

The warrants in question cannot be paid out of the revenue of 1935.

The County Court has discretion in appointment of Deputy Health Commissioners. State Board of Health has no power to make such appointment.

It is not a violation of the nepotism section of the Constitution for a county court to appoint as janitor a first cousin of one of the judges’ deceased wife, providing there are no living children of the marriage aforesaid.

Right to be both Judge of Probate and Justice of the Peace.

County is not liable to the Circuit Clerk for payment of the fees chargeable to the County.

Repairs and replacements to building should be paid out of building fund, and if there is not enough money in the building fund the same may be transferred out of the incidental fund. However, in arriving at the rate of tuition moneys transferred or that will be transferred out of the incidental fund to the building fund should not be included.